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Case Briefs
TX High Court Upholds Pro-Policyholder Ruling on Insurance for Aircraft Accidents
On Jan. 11, 2008, the Supreme Court of Texas terminated an insurer's appeal from a significant adverse ruling in AIG Aviation, Inc. v. Holt Helicopters, Inc., 198 S.W.3d 276 (Tex. App. 2006). As a result, Texas remains in a minority of jurisdictions where if an insured breaches policy terms that establish the scope of the insured risk, courts require the insurer seeking to avoid coverage to prove the existence of a causal connection between the breach and an aircraft accident for which the insured seeks coverage, notwithstanding the lack of a causation requirement in the policy itself.
The underlying claim in Holt Helicopters involved a helicopter accident that caused property damage. The liability policy issued by AIG Aviation, Inc. to the helicopter's owner provided, both in its declarations and an exclusion, that it would apply only while the aircraft was piloted by someone that met specific experience requirements. At the time of the accident, the pilot did not meet the policy's requirements. Id. at 279. The insurer denied coverage, and the trial court in the subsequent coverage action granted summary judgment in favor of the policyholder, ruling as a matter of law that, in order to avoid coverage, AIG must prove a causal link between the breach of the policy's pilot-experience requirements and the accident. Id. at 288.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.